File #: WRARO 22-009    Name: AB 361 - ResOps
Type: WRA ResOps Item Status: Agenda Ready
File created: 1/19/2022 In control: Water Resources Agency Reservoir Operations Advisory Committee
On agenda: 1/27/2022 Final action:
Title: Consider finding, pursuant to AB 361 and in order for the Monterey County Water Resources Agency Reservoir Operations Advisory Committee to continue meeting remotely, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the Reservoir Operations Advisory Committee has reconsidered the circumstances of the state of emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of the legislative bodies.
Attachments: 1. Board Report, 2. Committee Order
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Title

Consider finding, pursuant to AB 361 and in order for the Monterey County Water Resources Agency Reservoir Operations Advisory Committee to continue meeting remotely, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the Reservoir Operations Advisory Committee has reconsidered the circumstances of the state of emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of the legislative bodies.

Report

RECOMMENDATION:

It is recommended that the Monterey County Water Resources Agency Reservoir Operations Advisory Committee:

 

Find, pursuant to AB 361 and in order for the Reservoir Operations Advisory Committee to continue meeting remotely, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the Reservoir Operations Advisory Committee has reconsidered the circumstances of the state of emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of the legislative bodies.

 

SUMMARY/DISCUSSION:

On September 16, 2021, Governor Newsom signed AB 361.  This legislation amends the Brown Act to allow meeting bodies subject to the Brown Act to meet via teleconference during a proclaimed state of emergency in accordance with teleconference procedures established by AB 361 rather than under the Brown Act’s more narrow standard rules for participation in a meeting by teleconference.  AB 361 provides that if a state or local health official recommends social distancing, a legislative body may meet remotely after September 30, 2021, provided that within 30 days of the first meeting after November 3, and every 30 days thereafter, the legislative body finds 1) the Governor’s proclaimed state of emergency is still in effect; 2) the legislative body has reconsidered the circumstances of the state of emergency, and 3) either the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies or the state of emergency continues to directly impact the ability of the members to meet in person.

 

The Monterey County Health Officer has recommended social distancing measures for meetings of legislative bodies, so the Reservoir Operations Advisory Committee of the Water Resources Agency was able to meet remotely the first time after September 30, 2021.  In order to continue meeting remotely, the Reservoir Operations Advisory Committee must make the findings outlined above.

 

Accordingly, staff recommends making the appropriate findings.  This action will be required every 30 days in order to keep meeting remotely; a special meeting may be necessary for that purpose.

 

OTHER AGENCY INVOLVEMENT:

The General Manager concurs in the recommendation.

 

FINANCING:

The only financial impact is the continuing cost of teleconferencing.

 

Prepared by: Jessell Fenley, Administrative Services Assistant

Approved by: Brent Buche, General Manager